I am Indian citizen and working in USA on H1. My H1 is valid till June 2011.
H1 is hold by company A and I am working for a client of them say B. Company B wants to send me to Mexico for a month and company A (who holds my H1) is fine with that.
1. Is it possible to go to Mexico ?
2. What are the pros an cons on my H1 status ?
3. Can I take my wife and daughter (who is on H4) along with me ? if Not, can they stay here in US in my absence ?
I would highly appreciate a detailed response on its effects on my H1 status. I am planning to extend my H1 in June 2011 through the same company A. Will there be any problem with it ?
Well, an H1 will allow you to travel if you have an H1B stamp on your passport. However, at the port of entry you might want to make sure that you can prove that you are gainfully employed and pass the test of "employer-employee". As for your daughter she is probably on H4. As long as you maintain the H1B is maintained, your daughter will be able to maintain hers unless she is dependent on your spouse. If you are confused, call a good attorney to help. Our law firm has helped many in the Bay Area, CA.
Good Luck
Shah Peerally
Founder and Managing Attorney of Shah Peerally Law Group PC
Law Firm Deals in Immigration law & Debt Relief
Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.
1. You may travel to Mexico on behalf of company A if you have a visa in your passport, as opposed to an approval of a change of status from Immigration. If you do not have an H1B visa in your passport, you will need to obtain one at the US Embassy or Consulate in Mexico prior to your return to the United States.
2. This question is very general. To obtain legal advice on your matter, as opposed to general information about H1B status, contact an immigration attorney. Telephonic conferences are available with our Firm.
3. The spouse and children with H4 status may remain in the United States regardless of whether the H1B status holder does. However, the spouse and children of an H1B visa holder may also travel anywhere in the world. Again, if they do not have a H4 visa in their passport, they will need to obtain one while they are abroad so they can enter with H4 status on their return to the United States.
This attorney is Board Certified, speaks Spanish and French, and represents clients throughout the United States. For more information, click through to the Blog or web site.
Elizabeth R. Blandon
www.Blandon-Law.com
954-876-4132
